Case Summary
Attorneys Kevin M. Carnie Jr. and Patrick R. McPhail of Simon Law reached a $24 million settlement with the manufacturer of a steel coil machine on behalf of a man who suffered an “open book” fracture of his pelvis, as well as vascular and urological injuries after being crushed in the machine. The client must now use a wheelchair, except for very short distances inside his home, requires a catheter to urinate and requires dialysis multiple times a week.
Key Highlights
- This was a negligent design case. Simon Law claimed that the defendant designed, manufactured and sold the machine without commonly used safety devices like pressure mats, light curtains, or automatic interlocks.
- The Defendant claimed the device had adequate safety devices, but that even if it didn’t, that it was not the designer of the machine. Instead, it claimed that the company that purchased the machine was the actual designer, and that industry standard practice places the responsibility to guard a machine like this on the end user.
- The Defendant also claimed that the claim was barred by the Illinois construction statute of repose because the machine was an improvement to real property.
Case Analysis
The client in this case was working in a manufacturing plant when another employee mistakenly hit the wrong button on a control panel, causing an unguarded arm of the machine to pin the client against the machine.
Carnie and McPhail worked tirelessly to achieve this result for their client. They untangled the complex web of the defendant’s corporate structure, ultimately uncovering the legally responsible company and serving it overseas in a months-long process. When the defendant claimed it did not have access to the machine’s design documents, Carnie and McPhail convinced the court to grant a motion to compel the production of those documents. And they forced the defendant’s representative to admit the company knew this type of accident could happen and could have prevented it by making simple, cheap design changes.
Outcome and Impact
This settlement sends a powerful message that manufacturers will be held accountable for failing to protect workers.
It should encourage other such companies to reevaluate their policies, safety features, and worker safety protocols to avoid similar tragedies.
Simon Law’s successful representation of this victim and their family demonstrates the firm’s commitment to seeking justice for victims and their families, reinforcing its reputation as a formidable advocate for those affected by corporate negligence. It also demonstrates how the firm doesn’t just handle cases, it handles causes.
We hope that this settlement will show other victims that it is possible to hold people accountable when accidents that could have been prevented. And we hope this settlement will put everyone in this industry on notice about the importance of keeping workers safe.
